Misdemeanor Battery in Indiana

In
Indiana, a person commits battery by “knowingly or intentionally
touch[ing] another person in a rude, insolent, or angry manner” (Ind.
Code § 35-42-­2­-1(a)). Basically, battery involves a conscious decision
to touch another person improperly and without permission.

Battery
can be charged as a misdemeanor or a felony. Both misdemeanors and
felonies have different levels, which depend upon several factors,
including the seriousness of the victims’ injury and (in some cases)
whether Indiana law gives the victim special protection. This article
deals solely with misdemeanor battery.

Class B Misdemeanor Battery

The
least serious battery offense is a Class B misdemeanor, which involves
delivering a knowing or intentional but improper touch -- for example,
purposely poking a victim in the eye.

(Ind. Code § 35-42-2-1(a).)

Class A Misdemeanor Battery

An
improper touch will, however, be charged as a more serious Class A
misdemeanor if the touch is directed towards a specific type of victim
or results in “bodily injury” of any victim.

Bodily injury

An
improper touch can be charged as a Class A misdemeanor if a victim
suffered at least some physical – but not mental – injury or pain. That
is because Indiana law defines bodily injury as “any impairment of
physical condition, including physical pain.” (Ind. Code § 35-41-1-4.)

Special victims

A
conscious improper touch of certain victims will be charged as a Class A
Misdemeanor, even if no injury resulted. The people who receive special
protection by Indiana law are:

law enforcement officers
(which includes an alcoholic beverage enforcement officer) performing
their official duty, or a person “summoned and directed by the officer”

employees of a penal facility or juvenile detention facility performing their official duty

firefighters performing their official duty

community
policing volunteers either performing their duties or who are a victim
of a battery simply because of being a community policing volunteer, or

the state chemist or the chemist’s agent while they are performing their duties.

(Ind. Code § 35-42-2-1(a)(1)(B) – (F).)

Penalties

Punishments
for misdemeanor battery include probation, time in the county jail, and
fines. In Indiana, a judge imposes what is called a “fixed term” of
imprisonment. That allows the judge to select a specific length of
imprisonment from a range. A judge can also suspend a jail sentence, in
whole or part, and place a defendant on probation. A combined term of
jail and probation cannot be greater than one year.

(Ind. Code §§ 35-50-3-1; 35-50-3-1-2.)

Class A misdemeanors

A
Class A misdemeanor conviction carries a range of jail time up to one
year. A judge could impose a one year term, or something less, including
probation (or a combination of jail time and probation totaling no more
than one year). The court has the option of imposing a fine up to
$5,000.

(Ind. Code § 35-50-3-2.)

Class B misdemeanors

A
person convicted of battery as a Class B misdemeanor could receive
probation or be imprisoned for no longer than 180 days (or a combination
of jail time and probation totaling no more than one year), and can
also be fined up to $1,000.

(Ind. Code § 35-50-3-3.)

Consult With a Lawyer

Facing
a misdemeanor battery charge is a serious matter. You would be wise to
speak to a lawyer with knowledge of the battery laws and penalties
applicable in your particular case. A knowledgeable criminal defense
attorney could succeed in convincing either a prosecutor or a jury that a
defendant either did not intend to touch a victim improperly, or did
not cause a serious enough injury to merit a battery charge. That could
result in an acquittal, lesser punishment, or even dismissal of a case.